Page 138 - Second Circuit News Today

Three years ago when the Supreme Court ruled in AT&T Mobility v. Concepcion, basically allowing binding arbitration clauses in contracts to exclude class action suits, we noted that it was an unfortunate pitting of a broken class action system against a broken arbitration system. Both arbitration and class action lawsuits may have some good features…

The U.S. Supreme Court’s decision in Macquarie v. Moab Partners draws a clear distinction between pure omissions and half-truths. Our Securities Litigation Group explains how the Court...

The U.S. Supreme Court recently issued an opinion addressing who qualifies as a "transportation worker" under the Federal Arbitration Act (FAA) thereby exempting them from coverage.

Ten days ago, seven people gathered in a Las Vegas law office to take the deposition of a child custody litigant in preparation for a hearing. During that otherwise nondescript...

New York has long protected its residents from discrimination in the job hiring process with the New York State Human Rights Law (NYSHRL), which was originally passed in 1945. New York...

Many defendants prefer federal court to state court. Accordingly, when sued in state court, they will remove whenever possible.  This bulletin addresses a wrinkle in the...

Our Financial Services Group summarizes the closely observed preliminary settlement agreement over the fees credit card companies and banks charge merchants.

In January 2024, the United States Bankruptcy Court for the Southern District of New York issued an opinion in the The Great Atlantic & Pacific Tea Company, Inc. bankruptcy case that tackled three fascinating preference-related issues.

The Federal Arbitration Act (FAA) provides employers with wide discretion to require that disputes with employees be subject to mandatory arbitration rather than proceeding through the...

The Supreme Court recently issued a significant decision regarding the reach of SEC Rule 10b-5. In Macquarie Infrastructure Corp. v. Moab Partners, L.P., the Court addressed whether the...